Deputy Chief Mark Simmons named interim RPD chief after Ciminelli announces his departure

Brian Sharp Victoria E. Freile Sean Lahman
Rochester Democrat and Chronicle

Rochester Police Chief Michael Ciminelli is leaving his position with the city to take a post with the U.S. Drug Enforcement Administration.

Mayor Lovely Warren announced his departure in a news release Tuesday morning. She has named Deputy Chief Mark Simmons as interim chief, effective Sept. 16.

“It has been my great honor to serve the citizens of Rochester, Mayor Warren and my fellow officers at RPD,” Ciminelli said in the release. “I have been grateful for the opportunity (to) serve locally in law enforcement and now look forward to the opportunity to once again serve at the federal level.”

Rochester Police Chief Michael Ciminelli talks about the incident involving an investigator’s missing child found an hour later at home.

Ciminelli informed the mayor in July of his expected mid-September departure, but did not get a firm start date until three weeks ago, he said in an interview. His reason for leaving is to be closer to family, after his youngest daughter decided to attend George Washington University, with his two other daughters already living in the Washington, D.C. area.

His tenure is in line with averages for police chiefs of mid-sized cities, officials say, yet there was speculation that his time was drawing near.  

Mark Simmons

"Sounds to me like there were other people around who were giving the mayor opinions, or probably indicating to her a change was necessary," said Mike Mazzeo, president of the police officers union. "Not being in those circles, I don’t know what the reasons were."

Ciminelli said he did not feel that way, and Warren indicated no such disfavor — saying he served the community well, from a data-driven reorganization that returned officers to neighborhood patrol beats to launching the body camera program. Others, from Mazzeo to community leaders, praised the chief's work ethic, professionalism and accessibility.

The timing of the announcement was nonetheless unfavorable, coming less than a week after two RPD officers were suspended without pay following allegations of excessive force back in May. The matter is under review by the Monroe County District Attorney’s Office.

Warren said she wants the next chief to have a proven track record of working with the community, an understanding of 21st century policing and a commitment to be here, not someone who views the job as "a steppingstone." 

The city will launch a national search for the next police chief — a process expected to take a minimum of four months.

Ciminelli, 63, will become chief of the DEA's compliance section, responsible for compliance and risk management at the federal agency, officials said. His resignation is effective Sept. 15, according to the news release. His first day on the new job is Sept. 17. Warren provided him with a recommendation for the post, she said. 

A product of the 19th Ward, he joined the Police Department in 1977 and worked his way up from patrol officer to detective. He earned his law degree in night school, and spent nearly four years as an assistant prosecutor for the Monroe County District Attorney's Office.

The last time he left RPD was almost 30 years ago to the day, Sept. 16, 1988. 

During his time away, he worked for the DEA twice, from 2002 to 2009 as deputy chief counsel in the office of chief counsel. He also worked there from 1991 to 1996. In between those periods, from 1996 to 2002, he was chief of police in Elmira. 

He returned to Rochester in 2009 as commander of RPD's special operations division, then deputy chief of the department's Administration Bureau.

He has led the Rochester Police Department since starting as interim chief in January 2014. He was appointed as the department’s permanent chief in March of that same year.

The Rev. Lewis Stewart has been a leading voice in the call for police reform. And while he and the chief didn't always agree, Stewart said Ciminelli "always kept his word," and always kept his door open to talk.

Stewart, who is among those advocating for a civilian-led police accountability board, says the city should look for a new chief who is open to new ways of doing things.

"The whole focus of policing needs to change," Stewart said.  "We need to go from officers who see themselves as warriors or, as (former interim chief and current deputy mayor) Cedric Alexander says, 'invaders,' to guardians, protectors and servers of the community. ... The next chief of police should be able to look at new ways of training officers in order to change the police culture to restore trust and legitimacy."

Ciminelli will be replaced, in the interim, by a 16-year veteran of the department and another native son who came up through the ranks. 

Simmons, 38, grew up on the city's northeast side, off North Goodman Street.

A graduate of Benjamin Franklin High School and Keuka College, he has worked for the department since 2002 and has served as commanding officer of the Professional Standards Section and in various assignments, including the Organized Violence Reduction Team; the Tactical Unit; and as chief of staff to the police chief.

He most recently served as one of the department's three deputy chiefs and led RPD’s Administration Bureau. In that position, he oversaw policy development, budget training, personnel management, labor relations, fleet management, grant management, emergency planning and police-facility management, overseeing the reorganization.

Simmons called the interim appointment "a dream come true."He has been prepping for the interim role over the past couple months, he said in an interview, but has not decided whether to seek the position permanently. Simmons is married and has four children.

Warren has “strongly encouraged” Simmons to apply. Ciminelli said he gave Simmons an "unequivocal recommendation" for the interim role. But City Council Vice President Adam McFadden, who for years led the council’s oversight of RPD, is urging patience.

“I would like to see us look at how we police as a whole and have some community dialogue about how we should be policing, then select chief that fits the model … versus just saying, ‘Hey, I think this guy would be great.’"

He added: “As a community, we have to have strong dialogue about how we police here. If we want to be a real community policing city, then we have to act that way as far as involving the community.”

Warren said the selection process, and potential for community involvement, still is being worked out.

Similar sentiments came from Harlan Ost, president of the 19th Ward Community Association: "I'm hoping the new person stepping in will have that neighborhood feeling, that neighborhood quality of being connected to people they serve."  Ciminelli had that, he said, being responsive and accessible. 

Ciminelli said he regrets the timing of his departure, not wanting his last significant event to be something so negative as the excessive force case that led to last week's news conference. Standing before the cameras that day, he apologized to the community.

"It wasn’t even that officers went too far in making an arrest," he said. "This arrest should not have been made in the first place, and it triggered a series of events that was frankly outrageous."

More:Suspended RPD officers face excessive force claims in several other cases

Christopher Pate, 37, of Rochester said he was tased and beaten by officers after they stopped him near Bloss Street on May 5 for allegedly matching the description of a wanted suspect. Pate said after he provided identification and proved he wasn’t the person they were seeking, the officers escalated the situation and initiated a physical confrontation.

McFadden, who learned of Ciminelli’s departure from the media, said he was most impressed by the homicide closure rate under Ciminelli. RPD has closed 74 percent of cases in the four years he has been chief. It was 68 percent in the four years prior.

“He ought to be identified and celebrated for that," McFadden said. "He gave a lot of families comfort and peace and justice.”

BDSHARP@Gannett.com

VFREILE@Gannett.com

SLAHMAN@Gannett.com

Includes reporting by staff writer Meaghan M. McDermott